Product Use. All items acquired by Members under this Agreement are purchased for consumption in traditional governmental functions and not for the purpose of competing against private enterprise.
Product Use. Purchaser acknowledges that many factors that are uniquely within Purchaser’s knowledge affect the use and performance of the Product, including use in Purchaser’s manufacture and sale of its own products. Purchaser is solely responsible for its own products, including for determining whether each Product is fit for a particular purpose and suitable for incorporation into Purchaser’s products and use in its manufacturing processes. Purchaser is solely obligated to assure that Purchaser’s products are safe and comply with applicable Laws.
Product Use. Recipient acknowledges that many factors that are uniquely within Recipient’s knowledge affect the use and performance of the Products, including use in Recipient’s manufacture and sale of its own products. Recipient is solely responsible for its own products, including for determining whether each Product is fit for a particular purpose and suitable for incorporation into Recipient’s products and use in its manufacturing processes. Recipient is solely obligated to assure that Recipient’s products are safe and comply with applicable Laws.
Product Use. Before using, the user is responsible for determining the suitability of the Seller product for a particular use and intended application, and the user assumes all risks and liability in connection therewith.
Product Use. Purchaser is solely responsible for determining whether any Product is fit for a particular purpose and suitable for Purchaser’s method of application. Accordingly, and due to the nature and manner of use of Seller’s Products, Seller is not responsible for the results or consequences of use, misuse or application of its Products by anyone.
Product Use. Purchaser is solely responsible for determining if a Product is fit for a particular purpose and suitable for Purchaser’s method of application. Accordingly, and due to the nature and manner of use of ITW EAE’s Products, ITW EAE is not responsible for the results or consequences of use, misuse or application of its Products. All physical properties, statements and recommendations are either based on the tests or experience that ITW EAE believes to be reliable, but they are not guaranteed.
Product Use. R2 acknowledges and confirms that Seller is ----------- entering into this Agreement to accommodate R2's desire to integrate the Products into R2's Systems at R2's facility in Los Altos, CA or other R2 designated facilities located in the Territory, R2 agrees to distribute the Products as part of Systems sold only to distributors, dealers and end users. Distributors include entities which sell R2's Systems to dealers as a normal and customary part of their business. Dealers include entities which sell R2's Systems to end users as a normal and customary part of their business. End users include entities which utilize R2's Systems to provide a service to their customers.
Product Use. You agree to use, and require all persons operating the Products to use, any and all proper, safe operating procedures set forth in operator’s manuals and instruction sheets relating to the Products and any and all available, feasible and practical point of operation safety devices consistent with your use of the Products and you agree that you will not remove or modify any device, warning sign, operator’s manual or work with handling tools installed thereon or attached thereto. You agree to notify NYMAT and the original manufacturer promptly, in writing and in any event within 10 days after its occurrence, or any accident or malfunction involving any Products which results in injury or death to persons or damage to property or the loss of use thereof and you shall cooperate fully with NYMAT and the original manufacturer in investigating and determining the cause of any such accident or malfunction. At NYMAT’s request, you agree to permit NYMAT or the original manufacturer to redesign, remodel or revise the Products at your place of business or that of the original manufacturer and you agree to waive any claim of any kind against NYMAT or the original manufacturer which may result from your inability to use the Products during the time the same is out of service for such revision, modification or redesign. For good causes shown, NYMAT may waive the above provisions relating to notice, investigations, revision, modification or redesign.
Product Use. Purchaser is solely responsible for determining if a Product is fit for a particular purpose and suitable for Purchaser’s method of application. Accordingly, and due to the nature and manner of use of ITW’s Products, ITW is not responsible for the results or consequences of use, misuse or application of its Products. All physical properties, statements and recommendations are either based on the tests or experience that ITW believes to be reliable, but they are not guaranteed.
Product Use. In order to ensure the quality and efficacy of the Mxxx Jxxxxxx Product, PURCHASER covenants and agrees that for a period of * from the Effective Date of this Agreement, PURCHASER shall include in any Mxxx Jxxxxxx Product for sale in the United States (i) * of total fatty acids as DHA and * of total fatty acids as ARA and (ii) of total fatty acids as ARA and DHA.
5.5.1 The parties’ reaffirm that (a) outside the United States and (b) in the United States after the above * period has expired, Section 6.6 of the License Agreement applies, which reads as follows: Licensee covenants and agrees that it and its Affiliates shall, throughout the term of this Agreement, use reasonable efforts to use and develop the Technology and the Martek Product with respect to the Mxxx Jxxxxxx Product in a way which is consistent with the parties’ objective of developing a final marketed product which has a polyunsaturated fatty acid composition effectively *.
